HOUSE JOINT RESOLUTION NO.32
(By Delegates Reynolds, Campbell, Eldridge, R. Phillips, Tomblin,
E. Nelson, Andes and P. Smith)
[Introduced March 13, 2013; referred to the Committee on
Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending sections four and sixteen, article VII
thereof, all relating to how a vacancy in the governorship is
filled and that a person filling that vacancy is eligible to
serve two consecutive elected terms; numbering and designating
such proposed amendment; and providing a summarized statement
of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year 2014, which proposed amendment is that sections four and
sixteen, article VII thereof be amended, to read as follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§7-4. Eligibility.
None of the executive officers mentioned in this article shall
hold any other office during the term of his service. A person who
has been elected or who and has served as Governor during all or
any part of two consecutive terms shall be ineligible for the
office of Governor during any part of the term immediately
following the second of the two consecutive terms. The person
holding the office of Governor when this section is ratified shall
not be prevented from holding the office of Governor during the
term immediately following the term he is then serving.
§16. Vacancy in governorship, how filled.
In case of the death, conviction on impeachment, failure to
qualify, resignation, or other disability of the Governor, the
President of the Senate shall act as Governor for the remainder of
the term or until the vacancy is filled, or the disability removed;
and if the President of the Senate, for any of the above named
causes, shall become incapable of performing the duties of
Governor, the same shall devolve upon the Speaker of the House of
Delegates, who shall act as Governor for the remainder of the term
or until the vacancy is filled, or the disability removed ; and in
all other cases where there is no one to act as Governor until the
vacancy is filled, or the disability removed , one shall be chosen
by joint vote of the Legislature. Whenever a vacancy shall occur
in the office of governor before the first three years of the term
shall have expired, a new election for governor shall take place to fill the vacancy.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Governor Succession Amendment" and
the purpose of the proposed amendment is summarized as follows: "To
amend the State Constitution to determine the Governor's succession
by establishing that the President of the Senate or the next person
in line shall act as Governor until the vacancy is filled, or the
disability removed, and that the person serving that partial term
as Governor is not precluded from holding two successive elected
terms as Governor."
NOTE: The purpose of this resolution is to amend the State
Constitution to determine the Governor's succession by establishing
that the President of the Senate or the next person in line shall
act as Governor until the vacancy is filled, or the disability
removed. The resolution also permits that person to also serve two
successive elected terms as Governor.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.